In the Matter of Beatrice Dupont v Wolf Haldenstein Adler Freeman & Herz Workers' Compensation Board

Motion No: 500618

Slip Opinion No: 2007 NYSlipOp 77333(U)

Decided on September 5, 2007

Appellate Division, Third Department, Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and is not subject to publication in the Official Reports.

Decided and Entered: September 5, 2007

Case # 500618

In the Matter of the Claim of BEATRICE DUPONT, Appellant, v WOLF, HALDENSTEIN, ADLER FREEMAN & HERZ, et al., Respondents. WORKERS' COMPENSATION BOARD, Respondent.

DECISION AND ORDER ON MOTION

Motion for reargument.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted, without costs, and the memorandum and order decided and entered June 21, 2007 is vacated and the following memorandum and order is substituted therefor:

Appeal from a decision of the Workers' Compensation Board, filed July 19, 2005, which, inter alia, ruled that claimant did not sustain an accidental injury in the course of her employment and denied her claim for workers' compensation benefits.

Claimant sought workers' compensation benefits alleging various respiratory problems after being exposed to second-hand smoke at her workplace. The Workers' Compensation Board ultimately disallowed the claim prompting the instant appeal by claimant. We have considered each of claimant's arguments as set forth in her pro se brief and find them to be unavailing. Mindful that "it is not this Court's function 'to second-guess the Board's resolution of factual and credibility issues'" (Matter of Little v Gaines Elec. Contr., 36 AD3d 1056, 1057 [2007], quoting Matter of Gibson v Carrier Corp., 307 AD2d 616, 618 [2003]), our review of the record satisfies us that the Board's decision is supported by the requisite substantial evidence (see Matter of Rivas v Waldman, 37 AD3d 916, 917 [2007]). Accordingly, the decision will not be disturbed.

ORDERED that the decision is affirmed, without costs.
ENTER:

Michael J. Novack
Clerk of the Court